Salmond wins sexual harassment inquiry case

Published 8th Jan 2019
Last updated 10th Jan 2019

The Scottish Government acted unlawfully regarding sexual harassment complaints against former first minister Alex Salmond, Scotland's highest civil court has ruled.

Ms Evans stressed: "The Scottish Government has acted in good faith at all times and will continue to do so. It was right and proper that these complaints were investigated and I stand by the decision to carry out that investigation.

"It is also important to note that the procedural flaw in the investigation does not have implications, one way or the other, for the substance of the complaints or the credibility of the complainers. The Judicial Review was never about the substance of the complaints, but about the process that took place to investigate those complaints.''

As a result she said it was open to the Scottish Government to re-investigate the complaints, adding that "subject to the views of the complainants, it would be our intention to consider this''.

But Ms Evans said this would "only be once ongoing police inquiries have concluded''.

Ms Evans said an internal review would be carried out by the Government, and stressed: We shall learn and apply the lessons of this case to any future complaint addressed under our internal procedure.''

She stated: "My priority remains the duty of care to my staff, including anyone in the organisation who brings forward any concerns about inappropriate conduct, regardless of the identity or seniority of the individual complained about.

"Finally I would reiterate that the single procedural flaw which led to this decision is deeply regrettable. In particular, I regret the distress it will cause to the two women who raised the complaints.''

In the court, Judge Lord Pentland said the decisions in August were "unlawful in respect that they were procedurally unfair and that they were tainted with apparent bias''.

The Court of Session in Edinburgh heard the person who investigated the complaints of sexual misconduct, which Mr Salmond strongly denies, had involvement with the complainers prior to being appointed investigating officer.